The first step is to conduct a risk assessment. Just
because you’ve received a clean bill of health from a
building inspection doesn’t mean that you’re fully in
compliance with ADA, says attorney Brian Muse, a partner at the law firm LeClairRyan. As there are a number
of accessibility and life safety codes, ask a professional to
help you evaluate your facility so nothing is overlooked.

“Go beyond a basic safety audit and specifically lookfor code compliance once a year,” recommends ChuckWilson, executive director for the National SystemsContractors Association. “Work with a fire or life safetyconsultant, your local AHJ, or the integrator who con-ducts your system testing.”Otherwise, ask HR to notify you when a new hireneeds accommodations, suggests Muse. A major build-out, renovation, or change in your building populationshould also prompt a second look.

Despite the breadth of accessibility considerations, buildings usually fall short in a handful of areas. Review these five
factors to see if your property might have a critical gap.

1) Limiting Mass Notification

You may test your fire alarms routinely, but how will
a person who is deaf know there’s an emergency? What
happens if you use your alarms for other crises, such as
chemical spills, an active shooter, or a storm warning?
Those with hearing impairments are at a disadvantage if
they can’t distinguish what type of emergency is at hand or
receive specific instructions on how to respond. The same
could be said if you only use written messages – you may
not be reaching those with vision loss.

“You don’t want to rely on a single means of communi-cation,” says Dick Bauer, vice president of sales of NOTI-FIER, a manufacturer of mass notification solutions. “Youneed multiple avenues to catch people’s attention.”If your building is equipped with mass notification,evaluate the placement of devices. Many companiescover public spaces such as corridors and lobbies butneglect employee areas, notes Wilson. These are zoneswhere audible and visual alarms could significantlyexpand your reach.

continued

Have you read the full Americans with Disabilities Act?

You may be surprised that
the law doesn’t outline
specific measures that are
required in all buildings –
there’s no checklist for
wheelchair ramps, areas of
refuge, visual notification
appliances, hand railings,
audible alarms, emergency
lighting, stair descent devices,
Braille signage, or egress
widths. It’s up to property
managers to determine
which accommodations are
necessary in their facility.

Read on to understand the
legal context for ADA and how it applies
to buildings accessible to the public.

SCOPE

The Americans with Disabilities Act of

1990 provides “a clear and comprehensive

HOW ADA APPLIES TO BUILDING OWNERS

national mandate for the elimination of
discrimination against individuals with
disabilities.” It protects people with a
range of impairments that affect major life
activities, such as seeing, hearing, walking,
standing, speaking, reading, communicating,
and working.

According to the act, “a major life activity
includes the operation of a major bodily
function, including but not limited to
functions of the immune system, normal
cell growth, digestive, bowel, bladder,
neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions.” The
mandate does not apply to people with
transitory impairments that occur for six
months or less.

REASONABLE ACCOMMODATIONS

While not a building code, ADAnonetheless acknowledges the economicimpact property owners may need toshoulder to ensure all occupants have equalaccess. Occupants and visitors have a rightto reasonable accommodations, whichincludes “making existing facilities used byemployees readily accessible to and usableby individuals with disabilities.”Discrimination can occur when thereis “a failure to remove architectural andcommunication barriers that are structuralin nature.” The language applies to newconstruction and alterations in publicaccommodations and commercial facilities.

Owners are required to make provisions
unless they represent an undue hardship,
meaning “an action requiring significant
difficulty or expense.” Factors that could
impose unattainable expectations may range
from initial costs, financial resources of the
liable entity, number of persons employed,
effect of costs on resources, and facility
type and location. Owners may also be
exempt if they can prove it is “structurally
impracticable” to make modifications.

In the absence of these obstacles, however,
owners must make every effort to ensure
individuals with vision, speech, mobility,
hearing, and cognitive impairments can
navigate their buildings with ease.